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(영문) 대구지방법원 서부지원 2017.03.31 2016가합52112
청구이의
Text

1. The Defendant’s notary public against the Plaintiff, No. 132, February 3, 2012, No. 13209, dated February 3, 2012.

Reasons

1. A promissory note payable at sight shall be presented for payment within one year from the date of its issuance. The time so presented shall be the maturity (Articles 77(1)2 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if no lawful payment is presented within one year, it shall be deemed that the maturity comes on the last day of the given period (Supreme Court Decision 2007Da40352 Decided November 15, 2007). In addition, the right to claim against the issuer of a promissorysory note shall expire when it is not exercised within three years from the expiration date (Articles 77(1)8, 78(1), and 70(1) of the Bills of Exchange and Promissory Notes Act; 200 million won shall expire from the expiration date of the notarial deed; 30 years from the expiration date of the notarial deed; 30 years from the expiration date of the notarial deed, the Plaintiff shall not be deemed to have made an application for a compulsory sale of the Promissory Notes as 130 million won.

Therefore, barring any special circumstance, compulsory execution based on the Notarial Deed of this case should not be permitted.

2. Judgment on the Defendant’s assertion

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